Heidenwag v. Philadelphia

Citations

• 168 Pa. 72
• 31 A. 1063
• 1895 Pa. LEXIS 759

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Municipalities—Independent contractor — Fireworks.</p> <p>Where by the terms of a written contract with a municipality to furnish a display of fireworks, a contractor undertakes to purchase the fireworks, set them off and do the whole work for' a designated sum for the entire service, he is an independent contractor, and the municipality is not liable for injuries caused to a person by the contractor’s negligence in performing his contract.</p> <p>A company agreed, in consideration of a lump sum, to furnish a display of fireworks on one of the public bridges of a city, to furnish “ expert artisans ” to do the firing and to pay all claims for damages for injuries to persons or properties resulting from the fireworks. The specifications showed that the pieces to be displayed were so large that scaffolding was necessary. The company erected scaffolding upon the sides of the bridge, but the cartway was not obstructed, and ears, wagons and pedestrians were permitted to traverse it. While plaintiff’s infant son in charge of his aunt was crossing the bridge, part of the scaffolding fell and killed him. Held, that the municipality was not liable for the injury.</p> <p>Municipalities — Fireworks—Act of August 26, 1721.</p> <p>The act of Aug. 26, 1721, sec. *1, providing a penalty of five shillings for setting off fireworks in the city of Philadelphia without the governor’s special license, applies only to individuals, and not to the city acting in its corporate capacity.</p>